Local Government Act 1993 Local Government (Elections) Regulation 1993 (1993-263) [GG No 73 of 1.7.1993] (NSW)

1993—No. 263

LOCAL GOVERNMENT ACT 1993—REGULATION

(Local Government (Elections) Regulation 1993)

NEW SOUTH WALES

[Published in Gazette No. 73 of 1 July 1993]

HIS Excellency the Governor, with the advice of the Executive Council, and in pursuance of the Local Government Act 1993, has been pleased to make the Regulation set forth hereunder.

GARRY WEST, M.P.,

Minister for Local Government and Co-operatives.

PART 1—PRELIMINARY

Citation

1. This Regulation may be cited as the Local Government (Elections) Regulation 1993.

Commencement

2. This Regulation commences on 1 July 1993.

Application of Regulation

3. (1) This Regulation (except Part 12 and Schedules 3–5) applies to

the election of the councillors (by ward or area) and the mayor (by area)
of an area by the persons entitled to vote in the area.

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(2) Part 12 and Schedules 3–5 apply to other matters as specified in

that Part (i.e. the election of a mayor or deputy mayor by councillors, the election of the members of a county council and the conduct of constitutional referendums and council polls).

(3) A reference in this clause to an area includes the City of Sydney.

(4) A reference in this clause to the mayor of an area includes the Lord Mayor of Sydney.

Definitions

4. (1) In this Regulation:

declared institution means an institution declared under clause 55; declared institution ballot-box means the ballot-box reserved for the

receipt of declared institution votes;

electoral official means an electoral official appointed under section

296 (3) of the Act;

general manager means, in relation to an election or enrolment, the general manager of the council of the area in which the election is being held or of the area to which the enrolment relates;

nomination day means the day specified in clause 15;

polling day means the day specified under clause 17 for the holding

of a poll for an election;

postal ballot-box means the ballot-box reserved for the receipt of

postal votes;

pre-poll ballot-box means the ballot-box reserved for the receipt of

pre-poll votes;

presiding officer means, in relation to a polling-place, the electoral

official (being a senior deputy returning officer) in charge of the

polling-place;

tendered vote means a vote tendered under clause 72 (Voting if name

already marked on roll);

the Act means the Local Government Act 1993.

(2) In this Regulation, a reference to a form by number is a reference to

a form contained in Schedule 7.

Notes in the text

5. Notes in the text of this Regulation are explanatory notes and do not form part of this Regulation. They are provided to assist understanding.

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PART 2—ELECTORAL OFFICIALS

Electoral official cannot be candidate 6. (1) A person who is nominated for election to civic office in any

area cannot be appointed as a returning officer or as an electoral official

in respect of an election in that or any other area.

(2) A returning officer or an electoral official ceases to hold office in

respect of an election in that or any other area on being nominated for

civic office in respect of an election in that or any other area.

PART 3—ELECTORAL ROLLS

Closing date

7. (1) For the purposes of the Dictionary to the Act, closing date is defined in this clause.

(2) The closing date in relation to an election, constitutional
referendum or council poll is the date of the fortieth day preceding the
day for the election, referendum or poll.

(3) If an election is delayed, the closing date in relation to it is:

(a) in the case of an election delayed before the fortieth day preceding

the original day of the election—the date of the fortieth day preceding the new election day appointed for the election; or

(b) in any other case—the date of the fortieth day preceding the

original election day for the election.

Form of roll of electors
8. For the purposes of section 301 (2) of the Act, the form of the roll of electors is a form containing the following particulars:

(a) the ward (if any) and area to which the roll relates;

(b) a numbered entry containing the surname, other names and address of each elector (the entry being in alphabetical order according to surname).

Advertising of enrolments

9. (1) The general manager is to advertise the fact that persons are entitled to vote in the election, constitutional referendum or council poll, and are entitled to be enrolled as electors for a ward, if they are residents of the ward, or are owners, occupiers, or ratepaying lessees, of rateable land in the ward in the relevant area.

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(2) The advertising is to be done twice or more in the 60 days before the closing date for an election, constitutional referendum or council poll—at least once in the first 30 of those days and again at least once in the second 30 of those days.

(3) The advertisements are to appear in a newspaper circulating in the relevant area.

Enrolment claims and objections

10. (1) A claim under section 303 (1) (a) of the Act (or section 18 (4)

(a) of the City of Sydney Act 1988) for inclusion of a person’s name is to

be in a form containing the following particulars:

whether the claim is being lodged with the Electoral
Commissioner or the general manager;
the person’s full name and full address;
whether the person is entitled to vote at an election under the Act
and whether the person claims enrolment as a resident of a ward,
or is an owner, occupier, or ratepaying lessee, of rateable land in a
ward in the relevant area (or has the requisite qualifications under
section 15 (1) (a) of the City of Sydney Act 1988);
the full address of any such rateable land;
whether the person is already enrolled in another ward of the same

area;

particulars of any relevant nomination of the person under section

270 (1) of the Act (or section 16 of the City of Sydney Act 1988).

(2) A claim under section 303 (1) (a) of the Act (or section 18 (4) (a) of the City of Sydney Act 1988) for the amendment of any particulars entered in the roll against a person’s name is to be in a form containing the following particulars:

(a) whether the claim is being lodged with the Electoral Commissioner or the general manager;

(b) the person’s full name and full address;
(c) particulars of the amendment sought.
(3) A claim under section 303 (1) (a) of the Act (or section 18 (4) (a)

of the City of Sydney Act 1988) is to be signed by the person who lodges it and to contain a statement signed by a witness to the effect that the witness saw the person sign the claim and believes, to the best of the witness’s knowledge, that the statements in the claim are true.

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(4) An objection under section 303 (1) (b) or (c) of the Act (or section 18 (4) (b) of the City of Sydney Act 1988) to the inclusion of a name or the inclusion of any particulars against a name is to be in a form containing the following particulars:

(a)	whether the objection is being lodged with the Electoral Commissioner or the general manager;
(b)	the full name and full address of the person to whose name the objection relates;

(c) the full name and full address of the person lodging the objection;

(d) the particulars (if any) to the inclusion of which the objection is made;

(e) the reasons for the objection.
(5) An objection under section 303 (1) (b) or (c) of the Act (or section

18 (4) (b) of the City of Sydney Act 1988) is to be signed by the person who lodges it and that signature is to be witnessed by a justice of the peace.

(6) The general manager of the Sydney City Council must, as soon as practicable after:

(a)	the name of a person is included on the Sydney non-residential list otherwise than pursuant to a claim by the person; or
(b)	the secretary of a corporation is included in that list under section 21 (1) of the City of Sydney Act 1988,

serve notice by post of that inclusion on the person or secretary

concerned.

Appeals

11. (1) For the purposes of section 303 (3) of the Act, a person may

appeal against a decision of the Electoral Commissioner or general
manager by:

(a) lodging with the relevant Local Court a notice of appeal; and

(b) delivering or sending a copy of the notice to the officer whose decision is being appealed against.

(2) The notice and the copy must be lodged and delivered or sent within 14 days after service on the person of notice of the decision which the person is appealing against.

(3) The notice must set out the following matters:

(a) the name of the relevant Local Court;
(b) the full name and full address of the person who is appealing;

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(c) particulars of the decision appealed against;

(d) whether it was the Electoral Commissioner or the general manager who made that decision;

(e) the reasons for the appeal.

Supply of forms

12. The Electoral Commissioner and general manager are to supply a

reasonable number of copies of forms suitable for use for the purposes of
clauses 10 and 11 free of charge to any person who applies for them.

Request for omission of residence from roll

13. For the purposes of section 739 of the Act, the prescribed form of

request for the omission or removal of any matter that would disclose or
discloses a person's place of living on the roll of electors is Form 1.

PART 4—NOTICE OF ELECTION AND NOMINATIONS

Notification of vacancy

14. When a civic office in an area becomes vacant, the general manager of the council of the area is to give notice of the vacancy within 7 days to:

the Director-General and the Secretary of the Local Government and Country Councils Associations of New South Wales if the vacancy is in the office of a mayor elected by councillors; or

the Electoral Commissioner, the Director-General and the

Secretary of those Associations in any other case.

Nomination day

15. The date of the nomination day for an ordinary election or a by-election is the date of the fifth Friday before the day of the election, or such other date as the Electoral Commissioner determines in a particular case.

Place of nomination

16. The place of nomination is determined by the returning officer, but

it is to be the council's office if practicable.

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Notice of election

17. (1) Not less than one week before the nomination day, the returning officer is to give public notice of the election by advertisement

in a newspaper circulating in the area.

(2) The notice must do the following:

(a) invite proposals for nomination for the election;

(b) specify where nomination forms may be obtained;

(c)	specify the date of the nomination day and the place of nomination;
(d)	specify the date when the poll will be held for the election if more candidates are nominated than the number of councillors to be elected;
(e)	give notice of the requirements under the Act for proposals for nomination (including the payment of deposits and the provision of resumes).

(3) The notice may contain any other information which the Electoral Commissioner thinks appropriate.

(4) An advertisement may contain notices required by subclause (1) relating to more than one area.

Nomination proposals

18. (1) A candidate for election is to be proposed for nomination in a nomination paper:

(a)	in Form 2 by at least 2 proposers who are enrolled in respect of the same ward or area as the one in respect of which the candidate is proposed for nomination; or
(b)	in Form 3 by the registered officer for a political party registered

under Part 7 of Chapter 10 of the Act.

(2) Each candidate must be proposed on a separate nomination paper. (3) A nomination paper is not valid unless the person proposed for

nomination in the paper has completed and signed the Form of Consent
included in the paper.

(4) A nomination paper is not in Form 2 or 3 unless it has printed on the back sections 274, 275, 276 and 283 of the Act and is accompanied by a candidate resume which is in such form that the requirements of section 308 (1) of the Act can be satisfied.

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( 5 ) A nomination paper is to be delivered or sent so as to reach the returning officer by 5 p.m. on the day 2 days before the nomination day. The returning officer is to give a receipt for it if asked to do so.

(6) The general manager is to supply a reasonable number of copies of Forms 2 and 3 free of charge to any person who applies for them.

Candidates’ resumes

19. (1) The matters prescribed for the purposes of section 308 (2) of

the Act which are to be included in a candidate resume are the proposed
candidate’s full name and full residential address.

(2) Nothing in this clause prevents the inclusion of ‘other matters (such as the proposed candidate’s date of birth, occupation, trade and professional qualifications, membership of organisations, the registered party (if any) which has endorsed the proposed candidate, and other qualifications relevant to the proposed candidature).

Withdrawal of nomination proposals

20. A nomination proposal may be withdrawn by the delivery to the

returning officer before 11 a.m. on the nomination day of a notice in
writing signed by the person proposed for nomination.

Nomination in respect of more than one ward

21. If a person has been proposed for nomination in respect of more than one ward in an area, and by 11 a.m. on the nomination day there are still proposals for the nomination of the person in respect of more than one ward in that area, those proposals are all taken to be invalid.

Refund of deposit

22. (1) If a person withdraws a proposal for nomination or a person cannot be nominated because the person is not qualified to hold civic office, a deposit in respect of the nomination is to be returned to the candidate or a person authorised by the candidate in writing to receive the deposit.

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(2) If a candidate dies before election day, the deposit is to be returned to the legal personal representative of the candidate.

(3) When the returning officer has declared the election, with or without poll, the returning officer is to return the deposit to a candidate or to a person authorised by the candidate in writing to receive the deposit if:

(a) the candidate is elected; or

(b)	the candidate receives at least 4 per cent of the total number of formal first preference votes; or
(c)	a poll is not taken in the ward or area for which the candidate has been nominated.

(4) A deposit which is not required to be returned is to be forfeited to the council.

Inspection of names of persons proposed for nomination

23. Any elector of the area is, at any reasonable time in office hours,
to be allowed to inspect a list prepared by the returning officer of the full

names of persons proposed for nomination and the names under which those persons have requested, in the consents to their nomination papers, that they be shown on the ballot-papers.

Returning officer to nominate candidates

24. (1) On the nomination day the returning officer is to do the following, commencing at noon:

to attend at the place of nomination;
to read aloud the full names of the persons proposed for
nomination and the names under which the persons have
requested, in the consents to their nomination papers, that they be
shown on the ballot-papers and of the wards or area for which
they are proposed;
to announce any withdrawals;

to cancel the nomination papers of the persons who have

withdrawn ;

to nominate as candidates for election the persons whom the returning officer believes to be duly qualified under the Act, and whose nomination papers the returning officer believes to be valid, and which have not been cancelled.

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(2) The name under which the returning officer is to nominate a person as a candidate for election is:

(a)	the name under which the person has requested, in the consent to that person’s nomination paper, that the person be shown on the ballot-papers; or
(b)	if the returning officer is not satisfied that that name is either one of the given names of the person or a generally recognised abbreviation or derivative of one of the given names together with the full surname of the person—the first given name and the surname of the person.

Declaration of uncontested election

25. (1) If, on the nomination day, candidates are taken to be elected in

accordance with section 311 of the Act, the returning officer must, at the place and time of nomination, declare in writing the names of the candidates so elected.

(2) The declaration is to be signed by the returning officer and is to state the names of the candidates declared elected (being the names under which those candidates ,were nominated by the returning officer) and the ward or area for which they have been elected.

(3) After declaring the election, the returning officer must:

display the written declaration in a conspicuous position at the
principal polling-place and at the place of nomination; and
deliver or send a copy of the written declaration to the Electoral
Commissioner, the Director-General, the Secretary of the Local
Government and Country Councils Associations of New South

Wales, and the relevant general manager; and

insert in a newspaper circulating in the relevant area a copy of a

notice signed by the returning officer and containing the names of

the candidates declared elected (being the names under which those candidates were nominated by the returning officer) and the ward or area for which they have been elected.

) The council must, upon application made to it by any person, deliver or send to the person a copy of the written declaration.

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PART 5—POLLING-PLACES

Polling-places
26. (1) At least one polling-place is to be appointed by the Electoral Commissioner for each ward.
(2) A place is to be appointed by the Electoral Commissioner as the principal polling-place for the area.

(3) A polling-place is not to be appointed after the nomination day.

Pre-poll voting offices
27. For the purpose of enabling electors to vote in person before election day, the Electoral Commissioner:

(a) is to appoint a pre-poll voting office for the returning officer; and

(b) may appoint additional pre-poll voting offices for presiding officers.

PART 6—PREPARATION FOR POLL

Poll

28. A contested election is to be determined by ballot.

Notification of poll
29. (1) If there is to be a contested election in respect of any ward or area, the returning officer must at the time and place of nomination publicly announce the following:

that a poll will be taken in respect of the ward or area;
the date of the poll;
the full names of the persons who have become candidates and the
names under which those persons have been nominated as
candidates ;
the location of the polling-places where the poll will be taken on

election day;

the location of the pre-poll voting office or offices and the hours

between which and the days on which electors may vote at the

pre-poll voting office or offices.

(2) The returning officer must also notify the matters referred to in

subclause (1) (and any other matters which the Electoral Commissioner determines should be notified) in a newspaper circulating in the area and in a written notice posted at the council’s office.

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Order of candidates on ballot-papers

30. (1) The returning officer, immediately after the nomination of the

candidates, is to conduct a ballot to determine the order of candidates on
the ballot-papers in the following manner:

(a)	the officer must, at the place of nomination and before all persons present, make out in respect of each candidate a slip bearing the name under which the candidate has been nominated;
(b)	the officer must then enclose the slips in separate identical containers, securely seal each container and deposit all the containers in a securely fastened ballot-box;
(c)	the officer must then shake and rotate the ballot-box and, on request, permit any other person present to do the same;
(d)	the officer must then unfasten the ballot-box and take out and open each container one by one;
(e)	the officer must then announce to the persons present, and record in duplicate, the name of the candidate whose name appears on the slip enclosed in the container first taken from the ballot-box and, in consecutive order, the name of the candidate whose name appears on the slip enclosed in the container next taken from the ballot-box, and so on until the placing of all the names has been determined;
(f)	the officer must sign the record and allow any of the persons present to do the same;
(g)	the officer must promptly deliver or send the original of the record to the Electoral Commissioner.

(2) Each candidate or an agent of each candidate is entitled to be present at a determination in accordance with this clause.

Form of ballot-papers

31. (1) For the purposes of this clause, the name of the candidate which has been first taken in the determination under clause 30 is to be shown closest to the top of the ballot-papers, the name of the candidate which has been next taken is to be shown immediately below the name of the candidate which has been first taken and so on.

(2) The returning officer is to have the ballot-papers printed and is to

provide a sufficient number of the ballot-papers to be initialled and used
for the election.

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(3) The ballot-papers:

(a) are to be in Form 4; and

(b)	are to show the names of the candidates (being the names under which they were nominated) in one column in the order prescribed by subclause (1); and
(c)	may show the names accompanied with descriptions or additions to distinguish them from each other in any case where a similarity in the names of 2 or more candidates is, in the opinion of the returning officer, likely to cause confusion.

Supply of rolls and ballot-papers

32. (1) On or before the day of polling the returning officer is to:

(a)	provide for use at each polling-place sufficient copies certified under his or her hand to be true copies of the roll of electors for the ward or area in which the poll is to be taken; and
(b)	deliver to each presiding officer, and retain, such numbers of the ballot-papers as are sufficient for the use of the electors entitled to vote at each polling-place.

(2) The returning officer is to keep an exact count of all those ballot-papers.

(3) The returning officer is to retain for use at his or her office:

(a)	at least one true copy of the roll of electors for the ward or area in which the poll is to be taken; and
(b)	such number of ballot-papers as the returning officer considers will be required for the use of electors who are permitted to vote at his or her office before polling day.

(4) The returning officer is to keep an exact count of those ballot-papers.

Return of numbers of ballot-papers before poll

33. Not later than the day before election day, the returning officer is

to deliver or send to the Electoral Commissioner a return of the following
numbers of ballot-papers:

(a) the numbers ordered and received from the printer;

(b) the numbers issued as postal ballot-papers;

(c) the numbers issued for use at pre-poll voting offices, declared institutions and polling-places;

(d) the numbers not issued at all.

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Ballot-paper to be initialled

34. (1) A ballot-paper (whether delivered under clause 32 or reproduced under clause 35) is to be initialled on the back by a presiding officer. The initials are to be placed so as to be easily seen when the ballot-paper is folded to conceal the elector’s marks. The initials may be written or stamped.

(2) The presiding officer is to keep an account of the ballot-papers initialled and those issued after being initialled.

Ballot-paper may be written

35. A ballot-paper must be in Form 4, but need not be one of those supplied to the presiding officer by the returning officer to be valid. If a polling-place runs out of ballot-papers, the presiding officer may have the ballot-paper reproduced in writing, or by any other means.

PART 7—POSTAL AND OTHER SPECIAL TYPES

OF VOTING

Division 1—Postal voting

Postal voting: qualifications

36. A person is qualified for a postal vote under this Division if the

person :

(a)	will not throughout the hours of polling on election day be within the ward or area for which the election is being held; or
(b)	will not throughout the hours of polling on election day be within

8 kilometres by the nearest practicable route of any polling-place

at which he or she is entitled to vote; or

(c)	will throughout the hours of polling on election day be travelling under conditions which prevent him or her from attending at any such polling-place to vote; or
(d)	is seriously ill or disabled and so will be prevented from attending at any such polling-place to vote; or
(e)	is prevented by approaching maternity from attending at any such

polling-place to vote; or

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(f)	is by reason of that person’s membership of a religious order or religious beliefs prevented from attending at any such polling-place or prevented from voting throughout the hours of polling on election day or throughout the greater part of those hours; or
(g)	is, by reason of that person being kept in a prison, prevented from attending at any such polling-place to vote; or
(h)	will be, at a place other than a hospital, caring for another person who requires his or her care for medical reasons and so will be prevented from attending at any such polling-place to vote; or

(i)  will, by reason of being engaged for fee, gain or reward in any work throughout the hours of polling on election day, be prevented from attending at any such polling-place to vote.

Postal voting: application

37. (1) A person qualified under this Division may apply to the returning officer for a postal ballot-paper and postal voting envelope.

(2) The application:

(a) is to be in Form 5; and

(b) is to be completed and signed by the applicant; and

(c) is to be witnessed as shown on the application; and

(d)	is to be placed by the applicant in an envelope addressed to the returning officer and sealed; and
(e)	is to be delivered or sent directly to the returning officer by the applicant (or if the applicant is physically incapable of delivering or sending the application and entrusts it to another person for that purpose, by that person) so that i t reaches the returning officer between the nomination day and 5 p.m. on the fifth day before election day; and
(f)	if received by the returning officer within that period, is to be

given a number.

Registration of general postal voters

38. (1) An elector who is included in one or more of the following categories may apply to the general manager to be registered as a general postal voter for a ward or area:

(a) a person who is an owner, occupier or ratepaying lessee of rateable land in the ward or area but is not a resident of the ward or area;

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a person who is a resident of the ward or area but whose place of living is not within 20 kilometres, by the nearest practicable route, of a polling-place usually appointed for the ward or area;

a person who is unable to travel, by reason of serious illness or disability, from the person's residence or a hospital (not being a polling-place or a declared institution) in which the person is a patient;

a person who is being kept in a prison;

his or her name and the disability has been certified in writing by

a person who is so physically disabled that the person cannot sign

a registered medical practitioner.

(2) An application under subclause (1) must be in Form 6.

(3) An application in relation to an elector to whom subclause (1) (e)

applies :

(a) must be accompanied by the certificate referred to in subclause (1) (e); and

(b) may be made by another person acting on behalf of the elector.

(4) If the general manager is satisfied that an elector making an application under subclause (1) is entitled to vote at an election in the ward or area and that the information contained in the application is correct, the general manager is:

(a) to give the application a number; and

(b) to register the elector as a general postal voter for the ward or area by entering the elector's name in the register kept under clause 39.

(5) If the general manager registers an elector as a general postal voter,

the general manager is to notify the elector, in writing, of the registration.

(6) If the general manager is not satisfied:

(a) that an elector making an application under subclause (1) is entitled to vote at an election in the ward or area; or

(b) that the information contained in the application is correct, the general manager is to notify the elector, in writing, to that effect.

Register of General Postal Voters

39. (1) The general manager is to keep a Register of General Postal

Voters for each ward or area.

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(2) The general manager is to enter in the register in relation to an

elector who is registered as a general postal voter for a ward or area the
following:

(a) the number given to the application under clause 38;

(b) the name of the elector;

(c) the address of the land or place of living by which the person is entitled to be an elector for the ward or area;

(d) the address to which ballot-papers are to be sent;
(e) such other particulars as the Electoral Commissioner determines.

(3) The register is to be open for public inspection, without fee, during ordinary office hours at the council’s office.

Cancellation of registration as general postal voter
40. (1) The general manager may cancel the registration of an elector as a general postal voter if the general manager is satisfied that:

(a)	the elector is no longer entitled to vote at an election in the ward or area; or
(b)	the information contained in the application by which the elector was registered is no longer correct.

(2) If the general manager cancels the registration of an elector as a

general postal voter, the general manager is to notify the elector, in
writing, of the cancellation.

(3) A notification of cancellation must include a statement setting out

the person’s right to request the Electoral Commissioner to direct the
general manager to review the cancellation.

Review of cancellation

41. (1) The elector may request the Electoral Commissioner to direct the general manager to review the cancellation. The elector’s request is to be in writing and is to be sent or delivered to the general manager who is then to forward it to the Electoral Commissioner.

(2) If the general manager receives such a request, the general manager is to deliver or send immediately to the Electoral Commissioner a copy of the request and a statement in writing setting out the reasons for the cancellation of the registration of the person as a general postal voter.

(3) The Electoral Commissioner is, on receipt of a copy of such a

request, to decide whether to direct the general manager to conduct a
review of the register in relation to the cancellation.

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(4) When the Electoral Commissioner makes a decision under subclause (3), the Electoral Commissioner is to send written notice of the

decision to :

(a) the person who made the request; and

(b) the general manager.

Review of register

42. The general manager must, when directed to do so by the Electoral Commissioner, conduct a review of the register kept under clause 39 for a ward or area and, upon completion of the review, is to make such alterations to the register as he or she thinks necessary to ensure that:

(a)	only electors entitled to be registered as general postal voters for the ward or area are so registered; and
(b)	the details entered in the register in relation to registered general postal voters are accurate.

Registration treated as application

43. A person is taken at each election held in respect of the ward or area for which he or she is registered as a general postal voter to have made application in accordance with clause 37 on the nomination day.

Issue of ballot-paper

44. (1) Once the returning officer receives an application made in

accordance with clause 37, the officer is to check whether the applicant’s
name is on the roll of electors.

(2) The returning officer is then to:

make a record that a ballot-paper is being issued to the applicant;
and
deliver or send to the applicant a ballot-paper which is initialled

on the back by the officer; and

deliver or send to the applicant an envelope bearing the address of the returning officer at the principal polling-place and a form of

declaration in Form 7 on which the returning officer has filled in

the full name of the elector and the names of the area and the ward (if any) and the number given to the application under this Division; and

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(d) if the applicant’s name is not on the roll of electors, deliver or send to the applicant also an envelope containing a blank declaration in Form 12.

Note. The Electoral Commissioner can (under section 296 (6) of the Act) determine a procedure for the notification of other electoral officials as to the issue of postal ballot-papers.

Postal voting procedure

45. (1) Sections 114H (except subsections (1) (f) and (g), (1A) and (2)) and 114I of the Parliamentary Electorates and Elections Act 1912 (modified as necessary) apply to postal voting under the Act in the same way as they apply to postal voting under the Parliamentary Electorates and Elections Act 1912.

(2) In its application to postal voting under the Act, section 114H (1) (b) of the Parliamentary Electorates and Elections Act 1912 is to be read as if the words “who become so registered in pursuance of a claim made under section 32 (3) or in pursuance of an application made under section 114AA (1) (e) or (f)’’ were omitted.

(3) In its application to postal voting under the Act, a requirement in section 114H of the Parliamentary Electorates and Elections Act 19 12 to post or deliver a postal voting paper to the returning officer is taken to be a requirement to send or deliver a postal voting paper to the returning officer or a presiding officer.

(4) No offence under the Parliamentary Electorates and Elections Act 1912 (as applied by this clause) applies under this Regulation.

(5) An elector to whom a ballot-paper has been delivered or sent under this Division is not entitled to vote at a polling-place without first surrendering the ballot-Paper and the form of declaration to the presiding officer at the polling-place.

(6) However, if the elector makes a declaration in Form 8 that the

elector has not received, or has lost, the	ballot-paper or the form or both
and that the elector will not use them if	he or she later receives or finds
them, the elector may be permitted to	vote.

Note. See clause 114 as to the assistance of electors and clause 113 as to spoilt

ballot-papers.

Postal voting by elector not on roll 46. (1) If an elector is sent an envelope in Form 12, the elector is to

complete the envelope, place the ballot-paper and declaration envelope
inside it and return the envelope to the returning officer.

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(2) The returning officer is to check the particulars on the Form 12 envelope in accordance with clause 71, and, if it appears to the officer that the elector is entitled to vote, is to take the inner declaration envelope (containing the ballot-paper) unopened out of the Form 12 envelope (without damaging the writing on the latter), place them in the postal ballot-box and separately keep the opened Form 12 envelope.

Closing time for postal vote

47. A postal vote which is not delivered or sent to the returning officer

or a presiding officer before 6 p.m. on election day is not valid and must
not be counted.

Receipt of postal ballot-papers

48. On receiving an envelope containing or purporting to contain a postal ballot-paper before 6 p.m. on election day, the returning officer or a presiding officer is to make an appropriate notation on the record referred to in clause 44 and place it unopened in the postal ballot-box.

Division 2—Pre-poll voting

Pre-poll voting: qualifications

49. A person is qualified to vote before election day under this Division if the person:

will not throughout the hours of polling on election day be within
the ward or area for which the election is being held; or
will not throughout the hours of polling on election day be within
8 kilometres by the nearest practicable route of any polling-place
at which he or she is entitled to vote; or
will throughout the hours of polling on election day be travelling
under conditions which prevent him or her from attending at any
such polling-place to vote; or

is by reason of that person’s membership of a religious order or

religious beliefs prevented from attending at any such polling-place or prevented from voting throughout the hours of	polling on election day or throughout the greater part of those
hours; or will be, at a place other than a hospital, caring for another person who requires his or her care for medical reasons and so will be prevented from attending at any such polling-place to vote; or

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(f) will, by reason of being engaged for fee, gain or reward in any work throughout the hours of polling on election day, be prevented from attending at any such polling-place to vote.

Pre-poll voting: application

50. (1) A person qualified under this Division may apply to the

returning officer or presiding officer at a pre-poll voting office for a
pre-poll ballot-paper.

(2) An application for pre-poll voting:
(a) is to be in Form 9; and

(b) is to be printed or written on a ballot-paper envelope; and

(c) is to be obtained by the applicant from the officer, who, before handing it to the applicant, must fill in on the application:

(i) the name of the area and ward (if any); and

(ii) the name, address and roll number of the applicant as they appear on the roll of electors or, if the applicant is claiming to vote under section 305 of the Act, the full name and full address of the applicant; and

(d)	is to be completed and signed by the applicant in the presence of the officer; and
(e)	is to be returned to the officer who is to witness the applicant’s signature.

(3) On receiving an application, the officer may, and if requested to do so by any scrutineer, must, put to the elector who made the application such of the questions prescribed by clause 67 as are applicable to the case, and, if the elector answers the questions satisfactorily or if no questions are required to be put to the elector, the officer must hand to the elector a ballot-paper in Form 4 which is initialled on the back by the officer.

(4) If the applicant’s name is not on the roll of electors, the officer is to hand to the applicant also an envelope in Form 12.

Pre-poll voting procedure

51. (1) On receiving a pre-poll ballot-paper, the elector is to:

(a) mark his or her vote on the ballot-paper in accordance with the directions on it in view of the returning officer or presiding officer but so that the officer is unable to see the vote; and

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(b) fold the ballot-paper so that the vote cannot be seen; and
(c) at once return the ballot-paper so folded to the officer.

(2) When a ballot-paper has been so returned to the officer, the officer must (if the name of the elector is on the roll):

(a) in the presence of the elector, enclose it in the envelope bearing the elector’s application and seal the envelope; and

(b) place the envelope in the pre-poll ballot-box.

(3) The officer is to record the name of each elector who makes a

pre-poll vote. The record is to be kept at the pre-poll voting office where
an elector’s application is made.

Pre-poll voting by elector not on roll

52. (1) If an elector is sent an envelope in Form 12, the elector is to

complete the envelope, place the ballot-paper and declaration envelope
inside it and return the envelope to the returning officer.

(2) The returning officer is to check the particulars on the Form 12 envelope in accordance with clause 71 and, if it appears to the officer that the elector is entitled to vote, is to take the inner declaration envelope (containing the ballot-paper) unopened out of the Form 12 envelope (without damaging the writing on the latter), place them in the pre-poll ballot-box and separately keep the opened Form 12 envelope.

Surrender of postal ballot-papers

53. An elector to whom a postal ballot-paper and form of declaration have been issued is not entitled to vote in accordance with this Division unless the elector first delivers to the returning officer or presiding officer the elector’s postal ballot-paper and form of declaration for cancellation.

Pre-poll voting offices and times

54. (1) The pre-poll voting office for the returning officer is to be used for the purpose of enabling electors to vote in person before election day in accordance with this Division during the ordinary office hours of the council between the twelfth and second day before election day, between 9 a.m. and 6 p.m. on the day preceding election day and during such further period on any such day as the Electoral Commissioner may determine.

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(2) In addition, the pre-polling voting offices for presiding officers are to be used for the purpose of enabling electors to vote in person before election day in accordance with this Division between such hours and on such day or days, being between the twelfth and first days before election day, as the Electoral Commissioner may determine for that office.

(3) Nothing in this clause prevents the offices referred to in this clause from being used for other purposes in connection with the election.

Note. 1. The Electoral Commissioner can (under section 296 (6) of the Act) determine a procedure for the notification of other electoral officials as to the issue of postal ballot-papers.

2. See clause 114 as to the assistance of electors and clause 113 as to spoilt

ballot-papers.

Division 3—Declared institution voting

Declared institutions
55. (1) The Electoral Commissioner may, not later than on the nomination day, declare an institution in a ward or area to be a declared institution for the purpose of enabling patients or inmates of the institution who are electors of the ward or area to vote in person before election day.

(2) An institution may be declared under this clause only if it is a

nursing home, hospital or similar institution in which a polling-place has
not been appointed.

Application of Parliamentary Electorates and Elections Act 1912
56. (1) The provisions which apply to voting at declared institutions are sections 114ZO–114ZR (except section 114ZR (6), (7), (8) (b), (10) and (11)) and section 114ZY of the Parliamentary Electorates and Elections Act 1912.

(2) Those provisions apply to voting at declared institutions under the Act in the same way as they apply to voting at declared institutions under the Parliamentary Electorates and Elections Act 19 12.

Modification of provisions
57. (1) In the application of those provisions of the Parliamentary Electorates and Elections Act 1912 to voting in declared institutions, the following modifications apply:

(a) a reference in those provisions to a district is taken to be a reference to the ward or area in respect of which the voting is to take place;

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the reference in section 114ZR (3) of the Parliamentary Electorates and Elections Act 1912 to the questions prescribed by section 100 (1) of that Act is taken to be a reference to the questions prescribed by clause 67;

the requirement in section 114ZR (3) of the Parliamentary Electorates and Elections Act 1912 as to the form of the declaration is taken to be a requirement that the declaration be in Form 10;

a reference in section 114ZR (5) of the Parliamentary Electorates and Elections Act 1912 to the forms prescribed in Schedules 4 and 4A to that Act is taken to be a reference to Form 4 alone;

a reference in those provisions of the Parliamentary Electorates

and Elections Act 1912 to the ballot-box is taken to be a reference

to the declared institutions ballot-box.

(2) No offence under the Parliamentary Electorates and Elections Act 1912 (as applied by this clause) applies under this Regulation.

Declared institution ballot-box

58. An envelope containing a ballot-paper marked at a declared

institution is to be put in the declared institution ballot-box for the
relevant area.

Declared institution voting by elector not on roll

59. (1) If an elector is sent an envelope in Form 12, the elector is to

complete the envelope, place the ballot-paper and declaration envelope
inside it and return the envelope to the returning officer.

(2) The returning officer is to check the particulars on the Form 12 envelope in accordance with clause 71 and, if it appears to the officer that the elector is entitled to vote, is to take the inner declaration envelope (containing the ballot-paper) unopened out of the Form 12 envelope (without damaging the writing on the latter), place them in the declared institutions ballot-box and separately keep the opened Form 12 envelope.

Note. 1. The Electoral Commissioner can (under section 296 (6) of the Act) determine a procedure for the notification of other electoral officials as to the issue of postal ballot-papers.

2. See clause 114 as to the assistance of electors and clause 113 as to spoilt

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Division 4—Mobile booths

Mobile booths in hospitals etc.

60. (1) Mobile polling may take place for the purposes of the Act in

accordance with section 87A of the Parliamentary Electorates and
Elections Act 1912.

(2) Section 87A of the Parliamentary Electorates and Elections Act 1912 applies to voting at a mobile polling booth under the Act in the same way as it applies to voting at a mobile polling booth under the Parliamentary Electorates and Elections Act 1912.

(3) No offence under the Parliamentary Electorates and Elections Act 1912 (as applied by this clause) applies under this Regulation.

Division 5—Miscellaneous

Assistance of officers

61. In this Part, a reference to a returning officer or a presiding officer

includes a reference to an electoral official appointed to assist the officer
in the performance of his or her duties.

PART 8—VOTING ON ELECTION DAY

Principal polling-place

62. (1) The returning officer is normally to preside and take the poll at the principal polling-place.

(2) However, a senior deputy returning officer may do that instead, and the returning officer may act as presiding officer at another polling-place.

Presiding officer’s functions

63. A presiding officer is to exercise the functions of the returning

officer in respect of the taking of the poll at the polling-place at which he
or she is presiding.

Hours of voting

64. (1) The voting at a poll is to commence at 8 a.m. and close at 6

p.m. on the same day. A person entitled to vote who at the time of closing
the poll is within the polling-place is to be permitted to vote.

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(2) This clause does not apply to any form of voting under Part 7 (Postal and other special types of voting).

Scrutineers

65. (1) Each candidate may, by instrument in writing signed by the candidate, appoint scrutineers (including relief scrutineers) so that the candidate has no more than one scrutineer at each of the following places

moment during the following periods:
each pre-poll voting office while it is open for polling and also
while any subsequent electoral procedure is being carried out
there ;
each table used by an electoral official during polling at each
polling-place for the ward or area for which the candidate is
nominated for election while the polling-place is open for polling;
each polling-place for the ward or area for which the candidate is
nominated for election while any post-polling electoral procedure
is being carried out there;
the principal polling-place from the close of polling until the

declaration of the result of the poll;

75, and also any subsequent electoral procedures, are being

procedures referred to in Divisions 3 and 4 of Part 7 and clause each place where, and during such times as, any of the electoral

carried out.

(2) A scrutineer, on presentation to an electoral official of his or her

instrument of appointment as scrutineer, is entitled to be present in
accordance with his or her appointment under subclause (1).

(3) A scrutineer must, on demand by an electoral official, produce his or her instrument of appointment as scrutineer for inspection.

(4) A person must not be both a candidate and a scrutineer at the one election in an area.

Where electors may vote

66. A person who is qualified as an elector in respect of a ward or area is entitled to vote at any polling-place appointed for the ward or area.

Questions put to elector

67. (1) A person claiming to vote at any polling-place must state to an electoral official the name under which the person claims to vote, and such other particulars as the official requires for the purpose of checking that name on the roll.

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(2) The electoral official must check that the name given by the person

is on the roll in force for the ward or area for which the polling-place has
been appointed.

(3) The electoral official may (and must, if required by a scrutineer)

require any such person to sign his or her name or make his or her mark
in a book to be kept for that purpose.

(4) The electoral official may (and must if required by a scrutineer) put

to the person, before giving the person a ballot-paper, questions in the
following form:

1. Are you the person whose name appears as ....................... (name) in the roll of electors for ............. ward of ............................ area?

2. Are you 18 years of age or older?

3. Are you:

(a) an Australian citizen; or

(b) a British subject (other than an Australian citizen) who was on a Commonwealth or State of New South Wales electoral roll on 25 January 1984?

4. Are you entitled to vote at this election? 5. Have you already voted at this election?

(5) A person who fails to satisfy a requirement under subclause (1) or (3) or who does not answer “yes” to questions 1–4, and “no” to question 5, in subclause (4) must not be given a ballot-paper and must not be allowed to vote.

(6) However, if a request for a person’s place of living not to be included in a roll of electors has been granted under section 739 of the Act, the person need not indicate a place of living in response to a requirement under subclause (1) but instead the person is to make a declaration of residence on an envelope in Form 11 if the electoral official so requires.

(7) This clause does not prevent a person from voting:

(a)	because of errors or omissions in the entry of the person’s name as appearing on the roll if he or she satisfies the electoral official of his or her identity as the person referred to by that name; or
(b)	because the person’s name is not on the roll if he or she complies with section 305 of the Act.

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Voting by elector with confidential address

68. (1) An elector who has made a declaration of residence under

clause 67 is to mark and fold the ballot-paper and return the folded
ballot-paper to an electoral official.

(2) In the presence of the elector and any scrutineers present, the electoral official is to enclose the folded ballot-paper in the envelope containing the declaration of residence and addressed to the returning officer, seal the envelope and deliver the envelope to the electoral official.

(3) The electoral official is to deliver or send the envelope to the returning officer.

(4) The returning officer is to examine the declaration on the unopened envelope and ascertain from the Electoral Commissioner or the general manager whether the residence specified in the declaration is the residence specified in the appropriate request (as affected by any change of residence annotated on the request) under section 739 of the Act.

(5) If the declaration is in order and the residence is the appropriate one, the returning officer is to open the envelope containing the ballot-paper, extract the ballot-paper and, without destroying the declaration, place it unfolded in the ballot-box for votes under section 305 of the Act.

(6) If the declaration is not in order, or the residence is not the

appropriate one, the returning officer is to leave the envelope containing
the ballot-paper unopened.

Delivery of ballot-paper to elector

69. (1) An electoral official is to deliver a ballot-paper initialled on the

back by the returning officer or presiding officer to each person who is
entitled to vote.

(2) The electoral official is to make an appropriate notation on the roll of electors to show that the elector has received a ballot-paper.

(3) The electoral official may require an elector to show the electoral

official those initials on the ballot-paper before the elector deposits it in
the ballot-box.

Voting

70. After receiving a ballot-paper, an elector is to:

(a) go alone to an unoccupied space set aside for voting at the polling-place, and privately record his or her vote there on the ballot-paper; and

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(b) fold the ballot-paper so as to conceal the vote marked on it but to show clearly the initials of the returning officer or presiding officer, show it so folded to an electoral official, and then put it in the ballot-box without unfolding it; and

(c) leave the polling-place.

Elector whose name is not on roll

71. (1) An elector who claims to vote under section 305 of the Act, after making the declaration required by that section and receiving a ballot-paper, is to mark the elector’s ballot-paper and fold it to conceal the vote marked on it (but to show the initials on the back) and return it so folded to an officer or official referred to in that section.

(2) For the purposes of section 305 (c) of the Act, the prescribed form of declaration is Form 12 written or printed on an envelope and addressed to the returning officer for the area for which the elector claims to be entitled to be enrolled.

(3) The officer or official who receives the ballot-paper must, in the presence of the elector and of any scrutineers present, and without unfolding the ballot-paper, enclose it in the envelope, seal the envelope and deliver or send it to the returning officer.

(4) The returning officer must examine the declaration before the envelope is opened and, if necessary, make inquiries to determine whether the declaration is in order and the elector is entitled to vote.

(5) If the declaration is in order and the residence is the appropriate one, the returning officer is to open the envelope containing the ballot-paper, extract the ballot-paper and, without destroying the declaration, place it unfolded in the ballot-box for votes under section 305 of the Act.

(6) If the declaration is not in order, or the residence is not the

appropriate one, the returning officer is to leave the envelope containing
the ballot-paper unopened.

(7) Each presiding officer is to make a record of votes under section 305 of the Act and on it note the giving of a ballot-paper to an elector who has made a declaration under that section and the number of such votes delivered or sent to the returning officer.

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Voting if name already marked on roll

72. (1) If an elector claims to vote at a polling-place, but the roll of electors has already been marked to show that the elector has received an ordinary, postal or pre-poll ballot-paper, section 106 (1), (1A), (3) (a) and (c)–(e) and (5) of the Parliamentary Electorates and Elections Act 1912 applies in relation to the claim.

(2) For the purposes of this clause a reference in section 106 (1) and (1A) of the Parliamentary Electorates and Elections Act 1912:

(a) to the “prescribed questions” is taken to be a reference to the questions in clause 67; and

(b) to the “prescribed form” is taken to be a reference to Form 13.

(3) For the purposes of this clause, the reference to the “district” in section 106 (3) (c) of the Parliamentary Electorates and Elections Act 1912 is taken to be a reference to the ward or area in respect of which the elector has claimed to vote.

(4) The returning officer is to note on a List of Tendered Votes the giving of a ballot-paper to the elector under this clause.

(5) No offence under the Parliamentary Electorates and Elections Act 1912 (as applied by this clause) applies under this Regulation.

Note. See clause 114 as to the assistance of electors and clause 113 as to spoilt

ballot-papers.

PART 9—SCRUTINY AND COUNTING

Formal ballot-papers

73.  (1) A ballot-paper of an elector at an election is formal only if:

it has been completed in accordance with the directions on it for
the showing of preferences; and
it has been initialled on the back by the returning officer or
presiding officer; and

officer’s opinion, would enable the elector to be identified.

it does not contain a mark or writing which, in the returning

(2) Despite subclause (1), a ballot-paper of an elector at an election is

not informal if the only departure from the directions for its completion is
that:

(a) a preference (other than a first preference) has been repeated or omitted; or

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(b) if only one candidate is to be elected from 2 candidates, a tick or a cross has been placed in one square and the other square has been left blank.

(3) In the case referred to in subclause (2) (b), the one marked preference is to be treated as a first preference.

(4) Despite subclause (1), a ballot-paper is not informal by virtue of the existence of a mark on the ballot-paper if, in the opinion of the returning officer, the elector’s intention is clearly indicated on the ballot-paper.

Persons present at scrutiny and count

74. The Electoral Commissioner or person authorised by the Electoral Commissioner, returning officer, electoral officials, scrutineers and police officers on duty are entitled to be present in a polling-place and the principal polling-place during the scrutiny and counting and recounting of the ballot-papers and the declaration of the election.

Postal, pre-poll and declared institution votes

75. The returning officer may, at any time after 8.00 a.m. on the day of the poll and in the presence of any scrutineers lawfully present:

(a)

produce all applications for postal votes and applications for registration as a general postal voter, open the ballot-box containing postal votes received from postal voters by the returning officer and take out all the envelopes, and follow the procedure set out with respect to postal votes in clause 78 (2) (a)–(d); and

(b)

open the ballot-boxes in the returning officer’s possession at that time containing pre-poll votes and any ballot-box containing declared institution votes, take out all the envelopes, count the sealed ballot-paper envelopes unopened and record the count, and check the names on the envelopes against the roll of electors and mark each elector’s name in the manner determined by the Electoral Commissioner on a copy of the roll.

Initial scrutiny and count

76. (1) On the close of the poll at an election each presiding officer must, in the presence of the electoral officials and scrutineers and any police officers on duty at the polling-place, open the ballot-box, and have the ballot-papers scrutinised in his or her presence and under his or her supervision and must reject the informal ballot-papers.

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(2) Each presiding officer is to have the envelopes containing postal

votes and tendered votes placed on one side as they are taken from the
ballot-box.

(3) After the scrutiny each presiding officer must have counted, in the presiding officer’s presence and subject to the presiding officer’s supervision, the first preferences recorded for each candidate, the number of informal, postal and tendered votes, and the number of votes shown on the record required under clause 71 as being delivered or sent to the returning officer.

(4) Then the presiding officer is to send to the returning officer returns,

verified by the signatures of the presiding officer, another electoral
official and any scrutineer who desires to sign the returns, stating:

the number of first preferences recorded for each candidate, the number of informal, postal and tendered votes and the number of votes shown on the list of votes under section 305 of the Act required under clause 71 as being delivered or sent to the returning officer; and

Sending ballot-papers to returning officer details of the numbers of ballot-papers in Form 14.

77. (1) The presiding officer must then, in the presence of the witnesses referred to in clause 76 (1), make up:

(a)	in one parcel the ballot-papers classed as formal and the ballot-papers classed as informal; and
(b)	in a second parcel the ballot-papers which have not been used, the cancelled postal ballot-papers and forms of declaration, the spoilt ballot-papers, the list of votes under section 305 of the Act, the envelopes containing postal votes and the envelopes containing tendered votes, and the list of postal and tendered votes; and
(c)	in a third parcel the certified copies of the rolls supplied to the presiding officer, signed by the presiding officer, and all books, rolls, and papers (except the ballot-papers and the lists of ballot-papers) kept, used, and received by the presiding officer in connection with polling.

(2) The presiding officer is to do the following:

(a) seal the parcels;

(b)	permit any of the scrutineers who wish to do so to affix their seals to the parcels;
(c)	endorse the parcels with descriptions of their contents and with the name of the ward and area, the name of the polling-place, and the date of the polling;

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(d) sign with his or her name the endorsement on each parcel;

(e) deliver or send the parcels to the returning officer (except if the presiding officer is the returning officer).

(3) The returning officer may (and must if so required by a scrutineer) have the parcels opened, and have the ballot-papers scrutinised and counted in the presence of the electoral officials, scrutineers and police officers on duty at the principal polling-place.

(4) During such scrutiny, the returning officer must:

(a)	reject any ballot-paper classed as formal by the presiding officer if, in the returning officer’s opinion, it is informal; and
(b)	accept any ballot-paper classed as informal by the presiding officer if, in the returning officer’s opinion, it is formal.

Checking of ballot-papers in sealed envelopes

78. (1) The returning officer must on the close of the poll produce the applications for postal votes and for registration as a general postal voter, produce the postal votes received from the presiding officers, and open the ballot-boxes containing postal votes received by the returning officer and take all the envelopes from them.

(2) The returning officer is then to:

count the sealed ballot-paper envelopes unopened and record the count; check the names on the envelopes against the roll of electors and mark each elector’s name in the manner determined by the Electoral Commissioner; compare the signature of the elector on each postal vote declaration with the signature of the applicant on the correspondingly numbered application for a postal vote (or the appropriate application for registration as a general postal voter), allow the scrutineers to inspect both signatures, and examine each declaration as to its formality or informality; if the returning officer is not satisfied that the signature of the	elector on the declaration is that of the applicant who signed the	application or that the declaration is formal, mark, initial and keep
apart unopened the sealed ballot-paper envelope on which the declaration appears; if the returning officer is satisfied that the signature of the elector on the declaration is that of the applicant who signed the application and that the declaration is formal, turn the sealed ballot-paper envelope so that the declaration is face downwards,

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then open the envelope and take out the ballot-paper and, without inspecting or unfolding it or allowing any other person to do so, place it in a securely fastened ballot-box for further scrutiny;

(f) after dealing with all the envelopes and ballot-papers in accordance with paragraphs (d) and (e), open the ballot-box, take out the ballot-papers, unfold and scrutinise them and reject the informal ones.

(3) The returning officer must on the close of the poll open the ballot-boxes containing pre-poll votes and declared institution votes, take all the envelopes from them and do the following or have the following done:

(a)	count the sealed ballot-paper envelopes unopened and record the count;
(b)	check the names on the envelopes against the roll of electors and mark each elector’s name in the manner determined by the Electoral Commissioner;
(c)	turn each sealed ballot-paper envelope face downwards, then open the envelope and take out the ballot-paper and, without inspecting or unfolding it or allowing any other person to do so, place it in a securely fastened ballot-box for further scrutiny;
(d)	after dealing with all the envelopes and ballot-papers in accordance with paragraph (c), open the ballot-box, take out the ballot-papers, unfold and scrutinise them and reject the informal ones.

(4) The returning officer is to check also the tendered votes.

Finalising the count

79. The returning officer must then do the following or have the following done:

(a) complete the count by including the postal, pre-poll, dec	lared
institution, tendered votes and votes under section 305 of the	Act;
(b) ascertain the result of the count in accordance with Schedule	1 or

2, depending on the system of election;

(c) inform the persons present of the result of the count;

(d)	immediately notify the Electoral Commissioner of the result of the count;
(e)	deliver or send written notification to the candidates of the result of the count at 9.00 a.m. after the result of the count is ascertained.

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Double candidature: candidate elected as mayor

80. (1) If in any election, one or more of the candidates for election as councillor in a ward in an area are also candidates for election as mayor in the area, the counting of the votes in the election of the mayor is to be completed before the distribution of preferences marked on votes in the election of the councillors in the ward.

(2) For the purposes of section 283 of the Act, the procedures set out in this clause are to be used to determine who would be the next elected candidate once a person is elected by the electors to the office of mayor.

(3) In the case of the optional preferential system, the unexhausted ballot-papers of the candidate elected as both councillor and mayor are to be distributed among the continuing candidates as if the elected one had not achieved an absolute majority of votes.

(4) In the case of the proportional system, the unexhausted ballot-papers of the candidate elected as both councillor and mayor are to be distributed among the continuing candidates as if the elected one had not achieved a quota.

Recount (1) At any time before the declaration of the poll:

a candidate may request a recount of the ballot-papers used in the
ward or area for which the candidate was nominated; and
the Electoral Commissioner may direct the returning officer to
recount any ballot-papers used in the election.
A request under subclause (1) (a) must:
be in writing; and
be signed by the candidate; and

set out the reasons for the request; and

be lodged with the returning officer within 24 hours after written

notification of the result of the count has been delivered or sent to

the candidates.

(3) The returning officer must again have the ballot-papers scrutinised

and counted and, if necessary, have any other papers used at the election
inspected, if:

(a) a request is received under subclause (1) (a) and the candidate has paid to the returning officer, on behalf of the council, a deposit to cover the cost of the recount and the ballot-papers referred to in the request have not already been recounted; or

1993—No. 263

(b) a direction is received in accordance with subclause (1) (b); or
(c) the returning officer in any case believes it necessary.

(4) The deposit is to be determined by reference to a scale of charges fixed by the Electoral Commissioner before election day.

Who pays for the recount?

82. (1) If a recount of ballot-papers is conducted under clause 81 (3) (b) or (c), the council is to pay for the recount.

(2) If a recount of ballot-papers is conducted under clause 81 (3) (a) and the recount results in an alteration in the candidates who are elected, the deposit referred to in that paragraph is to be refunded to the candidate.

(3) If a recount of ballot-papers is conducted under clause 81 (3) (a) and the recount does not result in an alteration in the candidates who are elected, the expense of the recount is to be paid out of the deposit and any remainder is to be refunded to the candidate, and any shortfall paid by the council .

Result of recount

83. Immediately after the completion of a recount of ballot-papers, the

returning officer must notify the Electoral Commissioner of the result of
the recount.

Declaring the election
84. (1) The Electoral Commissioner is to approve of the returning officer’s declaring the election in writing as soon as practicable after the notification of the result of any recount or it becomes clear that no recount will be required.

(2) The declaration is to be signed by the returning officer and is to state the number of votes recorded for each candidate, the names of the candidates declared elected (being the names under which those candidates were nominated by the returning officer) and the ward or area for which they have been elected.

(3) After declaring the election, the returning officer must:

display the written declaration in a conspicuous position at the

principal polling-place and at the place of nomination; and

deliver or send a copy of the written declaration to the Electoral Commissioner, the Director-General, the Secretary of the Local

Government and Country Councils Associations of New South

Wales, and the relevant general manager; and

1993—No. 263

(c) insert in a newspaper circulating in the relevant area a copy of a notice signed by the returning officer and containing the names of the candidates declared elected (being the names under which those candidates were nominated by the returning officer) and the ward or area for which they have been elected.

(4) The council must, upon application made to it by any person, deliver or send to the person a copy of the written declaration.

PART 10—OFFENCES

Penalty notices

85. For the purposes of sect on 314 of the Act, the prescribed form of

penalty notice is Form 16.

Misconduct in voting

86. A person must not do any of the following:

(a) make a declaration which the person believes to be false in respect of any matter or thing for which a declaration is required by this Regulation ;

(b) impersonate an elector for the purpose of voting at an election;

(c) vote twice at an election;

(d) knowingly put more than one ballot-paper in the ballot-box at a polling-place (except if each of those ballot-papers relates to a different poll);

(e) influence an elector’s vote by threats or inducements.

Maximum penalty: 100 penalty units.

False statements in forms

87. (1) A person must not make a statement which the person believes to be false in a paper relating to an election or poll under the Act, or in information supplied to the Electoral Commissioner or a general manager for the purposes of the preparation, maintenance, or revision of an electoral roll under the Act.

Maximum penalty: 10 penalty units.

(2) Nothing in this clause affects the liability of a person to be proceeded against in respect of any other offence, whether against the Act or otherwise, but a person is not liable to be punished more than once in respect of the same act.

1993—No. 263

Misconduct by witness to postal vote

88. (1) A witness must not witness the signature of an elector to an application for a postal ballot-paper or postal voting envelope unless the witness knows that the statements contained in the application are true, or is satisfied by the applicant’s answers to the witness’s inquiries or by other means that the statements contained in the application are true.

Maximum penalty: 5 penalty units.

(2) The witness must not:

(a) do anything to find out the elector’s vote; or

(b)	disclose to a third party any knowledge that the witness has of the vote of the elector; or
(c)	influence the vote of an elector voting by post in the presence of the witness.

Maximum penalty: 10 penalty units.

Misconduct in relation to postal voting

89. A person to whom an application for a postal ballot-paper or a postal voting envelope, or an envelope containing or purporting to contain a postal ballot-paper, is given by an elector for the purpose of delivery or sending to a returning officer, who has agreed to deliver or send the application or envelope, and who fails to deliver or send the application or envelope promptly is guilty of an offence.

Maximum penalty: 10 penalty units.

Misconduct by person present at pre-poll or declared institution voting

90. (1) A person who is present when an elector is attending a pre-poll voting office for the purpose of pre-poll voting or when an elector is visited by a returning officer or presiding officer for the purpose of voting at a declared institution:

(a) must comply with a lawful direction given to the person by the returning officer or an electoral official; and

(b) must not communicate with the elector in relation to the vote; and

(c)	must not assist the elector or in any manner interfere with the elector in relation to the vote; and
(d)	must not look at the elector’s vote or do anything to find out how the elector voted.

1993—No. 263

(2) A person is not guilty of an offence against this clause by virtue of

anything done in accordance with clause 114 (Assistance to certain
electors).

Maximum penalty: 10 penalty units.

Other misconduct in relation to postal, pre-poll or declared institution voting

91. A person other than the elector must not mark or purport to mark a vote on a postal or pre-poll ballot-paper or a ballot-paper handed to an elector at a declared institution unless the person in so doing is acting under clause 114 (Assistance to certain electors).

Maximum penalty: 10 penalty units.

Breach of secrecy

92. An electoral official or scrutineer who knows how a particular

elector has voted must not disclose that knowledge except if required to
do so under this Act or any other legislation.

Maximum penalty: 5 penalty units.

Obstruction of electoral officials

93. A person must not hinder or obstruct an electoral official or scrutineer in the exercise or performance of his or her functions.

Maximum penalty: 10 penalty units.

False answers to questions put by electoral officials

94. A person who, believing the answer to be untrue, answers a

question put to the person by an electoral official under Part 8 is guilty of
an offence.

Maximum penalty: 100 penalty units.

Obstructing access to polling-place

95. A person must not obstruct access to a space set aside for voting at a polling-place, to a polling-place or to the office of a returning officer.

Maximum penalty: 0.5 penalty units.

1993—No. 263

Persons present in polling-place

96. (1) A person must not remain in a polling-place during polling longer than is necessary for him or her to vote, or within 15 minutes before polling commences, or during the counting or the scrutiny of the ballot-papers.

(2) A person who unlawfully remains in a polling-place after being

requested by the returning officer or another electoral official to leave the
polling-place is guilty of an offence.

(3) This clause does not prevent:

(a)	the Electoral Commissioner, and persons authorised by the Electoral Commissioner, the returning officer and other electoral officials, the scrutineers, and police officers from being present during those times; or
(b)	persons engaged in voting (and not exceeding the number determined by the returning officer) from being present during polling.

Maximum penalty: 5 penalty units.

Misconduct by scrutineers

97. (1) A scrutineer must not within a polling-place, pre-poll voting office, declared institution or mobile booth, while polling is in progress:

(a) interfere with or influence an elector; or

(b) communicate with any person except as necessary to carry out the scrutineer’s functions.

(2) A scrutineer must obey the lawful directions of an electoral official. (3) A scrutineer does not breach subclause (1) merely by wearing the

badge or emblem of a candidate or political party.

Maximum penalty: 10 penalty units.

Misconduct at polling-place or pre-poll voting office

98. A person must not, without lawful authority:

(a)	remove a ballot-paper from a polling-place or pre-poll voting office; or
(b)	enter a space set aside for voting in a polling-place while a person is in that space; or

1993—No. 263

(c)	remain in a space set aside for voting in a polling-place or at a pre-poll voting place for a longer period than is necessary for the purpose of marking his or her ballot-paper; or
(d)	obstruct or unnecessarily delay the proceedings at a polling-place or pre-poll voting office.

Maximum penalty: 10 penalty units.

Improperly witnessing electoral papers

A person must not do any of the following:
sign as witness a blank electoral paper;
sign as witness an electoral paper which has been wholly or partly
filled up unless it has been signed by the person intended to sign
it;
sign as witness an electoral paper unless the person has seen the

person sign it whose signature he or she purports to witness;

paper as his or her own name. write a name which is not his or her own name on an electoral

Maximum penalty: 10 penalty units.

Forging or uttering electoral papers 100. A person must not forge an electoral paper or utter a forged

electoral paper, knowing it to be forged.

Maximum penalty: 10 penalty units.

Stuffing ballot-boxes

101. (1) A person must not place in a ballot-box a ballot-paper which the person knows has not been lawfully issued to an elector.

(2) An elector must not place in the ballot-box a paper other than the ballot-paper issued to him or her.

Maximum penalty: 10 penalty units.

Opening sealed packages

102. A person must not intentionally break open a sealed package of ballot-papers or other electoral material unless authorised to do so by the returning officer or the Electoral Commissioner or required or authorised to do so by or under any legislation or direction of a court.

Maximum penalty: 10 penalty units.

1993—No. 263

Bribery

103. A person must not, in relation to an election under the Act, or an elector at such an election, do any of the things set out in section 147 of the Parliamentary Electorates and Elections Act 1912.

Maximum penalty: 100 penalty units.

Treating

104. A candidate at an election must not, in relation to an election under the Act, do any of the things set out in section 149 of the Parliamentary Electorates and Elections Act 1912.

Maximum penalty: 100 penalty units.

Intimidation

105. A person must not, in relation to an election under the Act, or an elector at such an election, do any of the things set out in section 151 of the Parliamentary Electorates and Elections Act 1912.

(signature of witness)

.............................................................

(address)

............................................................

(date)

1993—No. 263

Form 7

(Cl. 44)

POSTAL VOTE DECLARATION

I ....................................................................................................................................

(insert full name in BLOCK letters)

declare that I am still entitled to vote at the forthcoming election to be held in the

.............................................................................................................................................. ward

of ................................................................................... (local government area) and I have not

already voted in connection with this election.

.............................................................

(signature of elector)

I am of or above the age of 18 years and am not a candidate or an agent of a

candidate at the abovementioned election; and

I am satisfied as to the identity of the elector; and

I have seen the elector sign the declaration; and

I know, or have satisfied myself by inquiry, that the statements contained in the

declaration are true.

................................................................

(signature of witness)

............................................................

(address of witness)

...........................................................

(date)

Application No. ...........................................................

Form 8

(Cl. 45)

POSTAL BALLOT-PAPER LOST OR NOT RECEIVED

To the returning officer/presiding officer ................ (ward)..................... (local government area)

I,. .................................................................................. (full name as it appears on the roll), of ............................................................................. (full address as it appears on the roll),

declare that I have lost or have not received a postal ballot-paper in connection with the election being held in the abovementioned ward or area, even though a mark has been

placed against my name on the roll to indicate that a postal ballot-paper has been issued

1993—No. 263

I claim to vote under clause 45 of the Local Government (Elections) Regulation 1993.

.............................................................

(signature of elector)

Declared before me, this ....................... day of

............... 19 at the ......................... polling-place

.................................................................

(returning officer/presiding officer)

Form 9

(Cl. 50)

APPLICATION FOR PRE-POLL VOTE

To the returning/presiding officer for .............................................. (local government area).

I declare that:

1. *(a) I am the person whose name appears as ................. (name on roll)

of ........................................................................................................ (address)

on the roll of electors for the .................................. ward of that area.

OR

*(b) My name is ........................................... (full name in BLOCK letters) and the address of the land to which my voting entitlement relates (as resident, non-resident owner, occupier or ratepaying lessee) is .............

My name is not on the appropriate roll of electors, and I claim to vote under section 305 of the Local Government Act 1993 in the ............... ward of that area.

2.   I am entitled to vote at the forthcoming election to be held in the

abovementioned ward or area.

3.  I have not already voted in connection with this election and if I vote here I

will not vote anywhere else in that area at this election.

4. I am making this application for the following reason:

*(a) I will not throughout the hours of polling on election day be within the ward or area for which this election is being held;

*(b) I will not throughout the hours of polling on election day be within 8 kilometres by the nearest practicable route of any polling-place at which I am entitled to vote;

*(c) I will throughout the hours of polling on election day be travelling under conditions which will prevent me from attending at any such polling-place to vote;

*(d) I am, by reason of my membership of a religious order or my religious
beliefs prevented from attending at any such polling-place on election
day or prevented from voting throughout the hours of polling on

1993—No. 263

*(e) I will be, at a place other than a hospital, caring for a person who requires my care for medical reasons and by reason of that I will be prevented from attending at any such polling-place to vote;

*(f) I will, by reason of my being engaged for fee, gain or reward in any

work throughout the hours of polling on election day, be prevented

from attending at any such polling-place to vote.

I apply to vote before election day at the abovementioned election.

.......................................................

(signature of applicant)

Declared before me, this ........................... day of ............................................. 19 ..........

...................................................................

(returning officer/presiding officer)

* Cross out what does not apply.

Form 10

(CI. 57)

DECLARED INSTITUTION VOTE DECLARATION

To the returning/presiding officer ............................................................................. (ward)

................................................................................................................. (local government area)

I declare that:

1. *(a) I am the person enrolled as .................................................................................. (name)

of ........................................................................................................................................ (address)
on the roll of electors for the ........................................................................................... (ward)

in ................................................................................................................... (local government area)

OR

*(b) My full name is .................................................................... (in BLOCK letters) and the address of the land to which my voting entitlement relates (as resident, non-resident

owner, occupier or ratepaying lessee) is ........................................................................................

My name is not on the appropriate roll of electors, and I claim to vote under section 305 of the Local Government Act 1993.

2. I am entitled to vote at the forthcoming election to be held in the abovementioned ward of the abovementioned area.

3. I have not already voted in connection with this election and if I vote here I will

not vote elsewhere at this election.

..................................................................

(signature of elector)

Declared before me, this ....................... day of ................................................ 19 .......

..........................................................................
(returning officer/presiding officer)

1993—No. 263

Form 11

(Cl. 67 (6))

DECLARATION BY AN ELECTOR WHOSE PLACE OF LIVING IS NOT ON

THE ROLL

To the returning officer/presiding officer ......... (ward) ......... (local government area)

Surname of elector ................................................................................. (in BLOCK letters)

Given names ........................................................................................ (in BLOCK letters)

Address for which I claim to be enrolled .................................................................

...........................................................................................................................................

If you have changed your name since you enrolled for the above address please print

your previous name here

............................................

I am entitled to vote. I have not already voted in this election.

I declare that the information shown above is true.

Signature of elector ........................................................................................................................
Polling-place .................................................................................................................................
Ward ...................................................................................................................................................
Area ...............................................................................................................................................

Date ...............................................................................................................................................

Form 12

(Cl. 71)

VOTING WHERE NAME OMITTED FROM ROLL

To the returning officer ................................................................................................. (ward)
........................................................................................................... (local government area)
I, ......................................................................... (family name or surname in BLOCK letters)
................................................................................................................................... (other names)

of ....................................................................................................................... (full address)

declare that:

1. I have not voted in connection with the election being held in the abovementioned ward or area.

2. (a) my name is not on the roll of electors being used at this election; and

To the best of my knowledge and belief: (c) the full address of the land to which my voting entitlement relates (as resident,

1993—No. 263

In accordance with section 305 of the Local Government Act 1993 or section 20 of the

City of Sydney Act 1988 I claim to be entitled to vote at this election.

.......................................................

(signature of elector)

Declared before me, this ............................... day of .......................................... 19 at the

.........................polling-place

.......................................................

(returning officer)

Form 13

(C1. 72)

VOTING IF NAME ALREADY MARKED ON ROLL

(To be made by person claiming to vote when the person’s name has already been

marked off at the same polling-place)

To the returning/presiding officer ............................................................................... (ward)

............................................................................................................. (local government area)

I,. ............................................................................. (name in full as it appears on the roll), of ...................................................................................................................................... .............................................................................. (address in full, as it appears on the roll), declare that:

1. My name appears on the roll used at the ........................................................... polling-place opposite the number.. ................................................................ on that roll.

2. I claim to vote under clause 72 of the Local Government (Elections) Regulation 1993. I claim that I have not voted in connection with the election for the abovementioned ward or area being held today, despite the fact that the roll has been

marked to indicate that a ballot-paper has purportedly been issued to me at the

polling-place.

..........................................................

(signature of voter)

Declared before me, this day .......................................................................................... of
................................................................................................................................... 19 at

the ............................................................................................................................. polling-place.

...................................................................

1993—No. 263

Form 14

(Cl. 76)

ACCOUNT OF BALLOT-PAPERS:

.................................................... POLLING-PLACE

To the returning officer, ...................................................... area.

Ballot-papers received from returning officer for use at the polling-place

Ballot-papers written out by presiding officer

Total:

Ballot-papers unused
Ballot-papers spoilt
Ballot-papers used
Ballot-papers issued to, but not returned by, electors
Tendered votes

Votes under section 305 of the Act

Total:

Postal ballot-papers delivered up and cancelled

...........................................................

(presiding officer)

Form 15

CONSTITUTIONAL REFERENDUM OR COUNCIL POLL PAPER

(Sch. 5, cl. 4)

................................................................................................................... (local government area)

Constitutional referendum/council poll taken on .......................................................... (date)

Directions: The question below requires a “Yes” or “No” answer.

If you decide to answer “Yes” to the question, write the word “Yes” in the space provided opposite the question.

If you decide to answer “No” to the question, write the word “No” in the space provided opposite the question.

Question: (here set out question) .........................................................................................................

1993—No. 263

Form 16

(Cl. 85)

PENALTY NOTICE FAILURE TO VOTE

Area Ward No. on Roll

(Name and address)

The Electoral Commissioner’s records indicate that you appear to have failed to vote at the election/constitutional referendum held on ...................................................................

The maximum penalty for failing to vote is (insert maximum amount of penalty).

IF YOU DID VOTE:

Please complete and sign the following declaration in front of another elector.

I declare that I did vote at .................................................................... (polling-place) in respect of the election/constitutional referendum held on ......................... (date)

.......................................................

(signature)

Then ask the other elector to complete and sign the following declaration:

I, .................................................................................................................................. (full name)

.................................................................................................................................. (full address),

declare that to the best of my knowledge and belief

................................................................................................	(name of person who voted)
did vote as he/she has declared above.

.......................................................

(signa tu re)

1993—No. 263

IF YOU DID NOT VOTE:

1. sign the following declaration in front of another elector:

If you think you have a sufficient reason for not voting, please complete and (date) for the following reason: ....................................................................................................................................... ................................................................................................................................................

.......................................................

(signature)

Then ask the other elector to complete and sign the following declaration:

I, ........................................................................................................... (full name)
............................................................................................................. (full address)

declare that to the best of my knowledge and belief ...............................

.................................................................... (name of person who did not vote)

did not vote for the reason declared by him/her above.

...............................................

(signature)

2.   If you do not think you have a sufficient reason for not voting, you may dispose of the matter by:

• paying a penalty of (insert amount of penalty) to the Electoral

Commissioner within 28 days of the date of this notice

OR

• having the matter dealt with by a Court, where the maximum penalty is (insert maximum amount of penalty) and you may also have to pay court costs.

IF A DECLARATION OF VOTING IS NOT MADE, A REASON FOR NOT VOTING IS NOT GIVEN AND THE PENALTY IS NOT PAID WITHIN 28 DAYS, PROCEEDINGS MAY BE TAKEN AGAINST YOU IN COURT.

PROCEDURE FOR PAYMENT OF PENALTY OR OFFER OF EXPLANATION

Deliver or send the penalty or the explanation to the Electoral Commissioner at.

................................................................................................................................................................

(address of Electoral Commissioner’s office)

Cheques and money orders should be crossed, marked not negotiable and made payable

1993—No. 263

PART PAYMENT OF THIS PENALTY CANNOT BE ACCEPTED

The PENALTY for any person making a false statement in this Form is (insert maximum amount of penalty).

THIS FORM MUST BE DELIVERED OR

SENT WITH YOUR PAYMENT OR EXPLANATION

...................................................................

Electoral Commissioner

TICK IF RECEIPT IS REQUIRED

................................................................

(date)

NOTE

TABLE OF PROVISIONS

PART 1—PRELIMINARY

1.   Citation

2.   Commencement

3.   Application of Regulation

4.    Definitions

5.   Notes in the text

PART 2—ELECTORAL OFFICIALS

6. Electoral official cannot be candidate

PART 3—ELECTORAL ROLLS

7. Closing date
8. Form of roll of electors
9. Advertising of enrolments
10. Enrolment claims and objections
11. Appeals
12. Supply of forms
13. Request for omission of residence from roll

1993—No. 263

PART 4—NOTICE OF ELECTION AND NOMINATIONS

14. Notification of vacancy
15. Nomination day
16. Place of nomination
17. Notice of election
18. Nomination proposals
19. Candidates’ resumes
20. Withdrawal of nomination proposals
21. Nomination in respect of more than one ward
22. Refund of deposit
23. Inspection of names of persons proposed for nomination
24. Returning officer to nominate candidates

25. Declaration of uncontested election

PART 5—POLLING-PLACES

26. Polling-places

27. Pre-poll voting offices

PART 6—PREPARATION FOR POLL

28. Poll
29. Notification of poll
30. Order of candidates on ballot-papers
31. Form of ballot-papers
32. Supply of rolls and ballot-papers
33. Return of numbers of ballot-papers before poll
34. Ballot-paper to be initialled

35. Ballot-paper may be written

PART 7—POSTAL AND OTHER SPECIAL TYPES OF VOTING
Division 1—Postal voting

36. Postal voting: qualifications
37. Postal voting: application
38. Registration of general postal voters
39. Register of General Postal Voters
40. Cancellation of registration as general postal voter
41. Review of cancellation
42. Review of register
43. Registration treated as application
44. Issue of ballot-paper

1993—No. 263

45.   Postal voting procedure

46.   Postal voting by elector not on roll

47.   Closing time for postal vote

48.   Receipt of postal ballot-papers

Division 2—Pre-poll voting

49.  Pre-poll voting: qualifications

50.   Pre-poll voting: application

51.   Pre-poll voting procedure

52.   Pre-poll voting by elector not on roll

53.   Surrender of postal ballot-papers

54.   Pre-poll voting offices and times

Division 3—Declared institution voting

55.   Declared institutions

56. Application of Parliamentary Electorates and Elections Act 1912

57.   Modification of provisions

58.   Declared institution ballot- box

59.   Declared institution voting by elector not on roll

Division 4—Mobile booths

60.   Mobile booths in hospitals etc.

Division 5—Miscellaneous

61.   Assistance of officers

PART 8—VOTING ON ELECTION DAY

62.   Principal polling-place

63.   Presiding officer’s functions

64.  Hours of voting

65.   Scrutineers

66.   Where electors may vote

67.   Questions put to elector

68.   Voting by elector with confidential address

69.   Delivery of ballot-paper to elector

70.   Voting

71.   Elector whose name is not on roll

72.   Voting if name already marked on roll

1993—No. 263

PART 9—SCRUTINY AND COUNTING

73.   Formal ballot-papers

74.   Persons present at scrutiny and count

75.   Postal, pre-poll and declared institution votes

76.   Initial scrutiny and count

77.   Sending ballot-papers to returning officer

78.   Checking of ballot-papers in sealed envelopes

79.   Finalising the count

80.    Double candidature: candidate elected as mayor

81.   Recount

82.   Who pays for the recount?

83.   Result of recount

84.   Declaring the election

PART 10—OFFENCES

85.   Penalty notices

86.   Misconduct in voting

87.  False statements in forms

88.   Misconduct by witness to postal vote

89.  Misconduct in relation to postal voting

90.   Misconduct by person present at pre-poll or declared institution voting

91.   Other misconduct in relation to postal, pre-poll or declared institution voting

92.   Breach of secrecy

93.   Obstruction of electoral officials

94.   False answers to questions put by electoral officials

95.   Obstructing access to polling-place

96.   Persons present in polling-place

97.   Misconduct by scrutineers

98.   Misconduct at polling-place or pre-poll voting office

99.   Improperly witnessing electoral papers

1. Forging or uttering electoral papers

101.   Stuffing ballot-boxes

102.   Opening sealed packages

1. Bribery

2. Treating

3. Intimidation

4. Printing etc. false information

5. Exhibition of posters

108.   Name and address on advertisements etc.

1993—No. 263

PART 11—MISCELLANEOUS

109.  When polling may be adjourned etc.

110.  Notice of adjournment to returning officer

111.  Votes at adjourned poll

112.   Postponed and adjourned elections

113.  Spoilt ballot-papers

114.  Assistance to certain electors

115.   Signature to electoral paper

116.   Check on double-voting

117.   Security of election materials

118.   Access to election materials

119. Application of Election Funding Act 1981

PART 12—MAYORS, COUNTY COUNCILS AND REFERENDUMS

120.  Election of mayors by councillors

121.  County council elections

122.   Constitutional referendums and council polls

SCHEDULE 1—COUNTING OF VOTES UNDER OPTIONAL PREFERENTIAL

SYSTEM

SCHEDULE 2—COUNTING OF VOTES UNDER PROPORTIONAL SYSTEM

SCHEDULE 3—ELECTION OF MAYOR BY COUNCILLORS
SCHEDULE 4—ELECTION OF MEMBERS OF COUNTY COUNCILS

SCHEDULE 5—CONSTITUTIONAL REFERENDUMS AND COUNCIL POLLS

SCHEDULE 6—APPLICATION OF ELECTION FUNDING ACT 1981

SCHEDULE 7—FORMS

EXPLANATORY NOTE

The object of this Regulation is to complement Chapters 4 and 10 of the Local Government Act 1993 with provisions relating to:

(a)	the conduct of constitutional referendums and council polls (under Part 3 of Chapter 4 of the Act);
(b)	the conduct of elections of members of county councils (under section 390 (3) of the Act);
(c)	the conduct of elections of councillors and mayors (under Chapter 10 of the Act);

(d) the application of the Election Funding Act 1981 (under Part 8 of Chapter

1993—No. 263

In relation to elections, referendums and polls, the Regulation provides machinery provisions for:

• electoral rolls

• notices
• nominations
• polling procedures

• scrutiny and counting

• forms.

The Regulation also provides for offences.

The Regulation substantially applies also to elections etc. under the City of Sydney Act 1988 (by virtue of section 3 of that Act), though in this regard it is qualified by the specific terms of that Act and certain express provisions in the

Regulation itself.